Sleep apnea decisions — 2017

The Board has restored the Veteran's 30 percent evaluation for his service-connected lumbosacral strain, effective August 1, 2007.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to address his skin condition, sleep apnea, and PTSD.

The Veteran's service-connected sleep apnea is found to have contributed to his death, which was caused by acute myeloid leukemia (AML) with complications of sepsis and multi-organ failure. Service connection for the cause of death is granted.

The Board denied the Veteran's claims for a temporary total rating and service connection for bilateral lower extremity radiculopathy, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim and that the radiculopathy was secondary to his service-connected lumbar spine disability.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected rhinitis, and thus grants service connection for this condition.

The Veteran's appeal is being remanded for a new medical opinion to consider the effects of unusual and stressful sleeping conditions during service on his current obstructive sleep apnea.

The Veteran's breathing disorder and sleep apnea are not service-connected as they did not manifest during active service or due to a service-connected disability. The acquired psychiatric disorder is also not service-connected.

The Veteran's service-connected lumbar spine and bilateral knee disabilities do not warrant a higher evaluation as the evidence does not demonstrate severe limitation of motion or incapacitating episodes.

The Veteran's lumbosacral strain was granted a rating of 40 percent prior to April 24, 2017 and denied any higher throughout the appeal period.

The Board has determined that the Veteran's sleep apnea and bilateral hearing loss do not warrant a compensable rating, while his TDIU claim is granted.

The Board has determined that the Veteran's obstructive sleep apnea is not related to her service-connected PTSD and therefore denied her claim for service connection.

The Veteran's right knee disorder claim is pending. The Board has granted a rating of 40 percent for his lumbar spine disability, and he now meets the criteria for TDIU prior to September 18, 2015. His right lower extremity radiculopathy and left lower extremity radiculopathy are each rated at 10 percent.

The Veteran's claim for increased ratings for his chronic lumbosacral strain was denied as the evidence did not show that he met the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's tinnitus was caused by in-service exposure to excessive and harmful noise, resulting in service connection being granted for this condition. The issues of PTSD and obstructive sleep apnea are addressed in the REMAND portion.

The Veteran's claim for an initial compensable evaluation for a surgical scar, status post varicocelectomy was denied as the scar does not meet the criteria for a compensable rating. The Veteran's claim for TDIU due to service-connected disabilities was also denied.

The Board has denied the Veteran's claims of service connection for residuals of a right eye injury, sleep apnea, neck disability, and low back disability. The evidence does not support these claims as there is no current diagnosis or link to active duty service.

The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected PTSD or TBI, has been remanded due to the need for an addendum opinion addressing whether his sleep apnea was caused by or aggravated by his service-connected conditions.

The Board finds that the Veteran's current left shoulder disorder, onychomycosis (toenail fungus), allergic rhinitis, sleep apnea, and asthma are related to service. The claims for these conditions have been granted.

The Board denied the Veteran's claims for service connection for sleep apnea and an increased rating for PTSD, finding that there was no direct link between his current conditions and his military service or any service-connected disabilities.

The Board has determined that the Veteran's sleep apnea is not related to his active military service or his service-connected bilateral arm disability, and thus denied the claim for service connection.